9911796707
TMI Blog2000 (11) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent No.3) to register a case on the basis of complaint dated 14.12.1998 (Annexure P-4) lodged by the petitioner as well as MLR dated 11.12.1998 (Annexure P-4) lodged by the petitioner as well as MLR dated 11.12.1998 (Annexure P-3) of the petitioner without any further delay. iii) direct any judicial officer to hold inquiry/ investigation in the aforesaid case in view of the serious allegations levelled by the petitioner against senior Police Officer of District Roopnagar. iv) direct the respondent NO.2 (DGP Punjab) to immediately transfer the respondent No.4, 5 and Inspector Jasdev Singh, who is presently posted as SHO of Police Station Kharar, District Roopnagar, so that free, fair and impartial investigation/ inquiry may be co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were tied behind his back and a piece of cloth was tied around his eyes. He was thereafter taken to an unknown destination and was pushed in an isolated room where the appellant herein and respondent No.8 were already waiting. He was subjected to criminal torture by using third degree methods for about 2-3 hours. The respondent No.6 was also alleged to have caused injuries upon the said Advocate with a sharp knife below the knees, without provocation. Red chillies are stated to have been sprinkled on his fresh wounds with the object to harm, injure and terrorise him. He was threatened to be eliminated by the police personnel and the appellant. After the torture process, the eyes of the respondent No.1 were again blind-folded and he was brou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall order for the registration of the case. If the allegations of the petitioner are found to be false, the petitioner shall be prosecuted u/s 182 IPC. The petitioner can lead such evidence in support of his case before the SSP who shall conclude the investigation within 3 months from the receipt of the copy of the order. After the disposal of the petition filed by the respondent No.1 and consequently action taken in pursuance@@ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ to the directions issued against the SSP, Roopnagar, the@@ JJJJJJJJJJJJJJJJJJJJJJJJJJ respondent No.1 again filed a Miscellaneous Petition which was registered as Criminal Miscellaneous No.M-15 of 1999 and disposed of on 30.4.1999 by the same learned Single Judge, ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fair trial. In support of his contention he relied upon a judgment of this Court in Talab Haji Hussain v. Madhukar Purshottam Mondkar Anr. [AIR 1958 SC 376]. We have noted with disgust that the impugned orders were passed completely ignoring the basic principles of criminal law. No review of an order is contemplated under the Code of Criminal Procedure. After the disposal of the main petition on 7.1.1999, there was no lis pending in the High Court wherein the respondent could have filed any miscellaneous petition. The filing of a miscellaneous petition not referable to any provision of Code of Criminal Procedure or the rules of the Court, cannot be resorted to as a substitute of fresh litigation. The record of the proceedings produced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... safe to permit the appellant to be at large cancelled the bail, distinguishing the decision in 72 Ind App 120: (AIR 1945 PC 94) (supra) and stated that the Privy Council was not called upon to consider the question about the inherent power of the High Court to cancel bail under S.561A. In Sankatha Singh v. State of U.P. (1962) Supp (2) SCR 871: (AIR 1962 SC 1208) this Court held that S.369 read with S.424 of the Code of Criminal Procedure specifically prohibits the altering or reviewing of its order by a court. The accused applied before a succeeding Sessions Judge for re-hearing of an appeal. The learned Judge was of the view that the appellate court had no power to review or restore an appeal which has been disposed of. The Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shing the proceedings on the ground that a subsequent application to quash would not amount to review or revise an order made by the Court. The decision clearly lays down that a judgment of the High Court on appeal or revision cannot be reviewed or revised except in accordance with the provisions of the Criminal Procedure Code. The provisions of S.561A of the Code cannot be invoked for exercise of a power which is specifically prohibited by the Code. Section 362 of the Code mandates that no Court, when it has signed its judgment or final order disposing of a case shall alter or review the same except to correct a clerical or arithmetical error. The Section is based on an acknowledged principle of law that once a matter is finally dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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